Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shivani (housewife)     23 March 2016

Matrimonial home

I filed dvact in 2012.. that time i was at my parents house so i asked for an alternate accomodation.. but as the proceedigs were pending and judge did not order anything so i re-entered my matrimonial home and informed the judge.. my hubby stays on rent since den.but i stayed vth him in matrimonial home soon after marriage for 2 years..later judge passed an order in my favour that my inlaws are supposed to file an eviction suit for evicting me from my matrimonial home..she even said that my husband has not offered an alternate accomodation..now my husband and inlaws filed an appeal in the sessions court against this order of dvact.. in the appeal case dey hv mentioned that my husband is now ready to provide an alternate accomodation to me..basically he wants me to live on rent alone..but i hv refused in the court..hv told d judge that i dnt want to stay on rent..so will the sessions court judge order me to stay on rent vthout my consent??


Learning

 2 Replies

Samir N (General Queries) (Business)     24 March 2016

Your post makes conflicting statements or your husband has made an error by filing an appeal. It appears that the "matrimonial house" you are referring to is not one that gives you any right because it belongs to your in-laws (See the famous judgment of the Supreme Court in Batra vs. Batra). Otherwise the Judge would not have passed an order that your inlaws can file an eviction suit. Your inlaws/husband should have filed an eviction suit and not an appeal. Once they file an eviction suit, you will become homeless so the husband has the duty to provide you residence. Therefore, the judge passed an order that is CORRECT - You should get evicted by your in-laws because you appear to be staying in their residence. And... your husband should provide you accommodation because you are going to get evicted. These two events should occur concurrently.  If common sense prevails between you and your husband, the two of you should accept the Judgment - You should agree to move out and he should agree to provide you alternate accommodation.  I do not see any way that this judgment can be overturned - It is perfectly in accordance with applicable law. Of course, advocates can mess things up. So, if you can, represent yourself in Court and tell the Sessions Judge that you agree to move out provided that your husband gives you alternate accommodation.  Put this in writing before the Session Judge. No need for advocates... Do not raise other irrelevant issues before the Session Judge. .. stick to the issue raised in the appeal.

shivani (housewife)     24 March 2016

My matrimonial house is an ancetral property.. my father inlaw does not have an ownership.. 100% its ancestral..

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register